Uhe v. Chicago, M. & St. P. Ry. Co.

Citations

• 4 S.D. 505
• 57 N.W. 484
• 1894 S.D. LEXIS 9

Syllabus

<p>1. The legal effect of an order “that all proceedings be stayed” for a definite time is to stop further progress in the case at the point where such order attaches.</p> <p>2. • A judgment entered while such order is in force is irregularly entered.</p> <p>3. In an action for the destruction of, or damages to, property, caused by negligence, the giving or withholding of interest is, by Section 4578, Conip. Laws, committed to the discretion of the jury.</p> <p>4. In such case an instruction requiring the jury to compute interest on such damages, if any, as they might find for the plaintiff, is erroneous.</p> <p>5. Under Section 5049, Comp. Laws, “exceptions to the giving or refusing any instruction, or to its modification or change, may be taken at any time before the entry of final judgment in the case.</p> <p>6. Under this section there is no distinction, in respect to the time within which exceptions may be taken, between instructions given at the request of counsel and instructions given by the judge of his own motion.</p> <p>7. Section 5079, Comp. Laws, defining exceptions, and providing that they “must be taken at the time the decision is made,” does not repeal or qualify Section 5049, providing that exceptions to instructions may be taken at any time before entry of final judgment.</p> <p>(Syllabus by the Court.</p>